Category Archives: Polemics

Stephen Baskerville: five myths about no-fault divorce

From the Catholic News Agency.

Introduction:

Almost four decades after the “no-fault” divorce revolution began in California, misconceptions abound. Even the many books about divorce, including myriad self-help manuals, are full of inaccurate and misleading information. No public debate preceded the introduction of no-fault divorce laws in the 1970s, and no debate has taken place since.

Yet divorce-on-demand is exacting a devastating toll on our children, our social order, our economy, and even our constitutional rights. A recent study estimates the financial cost of divorce to taxpayers at $112 billion annually. Recent demands to legitimize same-sex marriage almost certainly follow from the divorce revolution, since gay activists readily acknowledge that they only desire to marry under the loosened terms that have resulted from the new divorce laws. Divorce also contributes to a dangerous increase in the power of the state over private life.

Here are the five myths about no-fault divorce:

  • No-fault divorce permitted divorce by mutual consent, thus making divorce less acrimonious
  • We cannot force people to remain married and should not try
  • No-fault divorce has led men to abandon their wives and children
  • When couples cannot agree or cooperate about matters like how the children should be raised, a judge must decide according to “the best interest of the child”
  • Divorce must be made easy because of domestic violence

And the details about number three:

Myth 3: No-fault divorce has led men to abandon their wives and children.

Fact: This does happen (wives more often than children), but it is greatly exaggerated. The vast majority of no-fault divorces — especially those involving children — are filed by wives. In fact, as Judy Parejko, author of Stolen Vows, has shown, the no-fault revolution was engineered largely by feminist lawyers, with the cooperation of the bar associations, as part of the sexual revolution. Overwhelmingly, it has served to separate large numbers of children from their fathers. Sometimes the genders are reversed, so that fathers take children from mothers. But either way, the main effect of no-fault is to make children weapons and pawns to gain power through the courts, not the “abandonment” of them by either parent.

Al Mohler wrote about the history of no-fault divorce a while back, and I think it’s worth reviewing why we have this lousy law.

The story behind America’s love affair with no-fault divorce is a sad and instructive tale. As Baskerville documents, no-fault divorce laws emerged in the United States during the 1970s and quickly spread across the nation. Even though only nine states had no-fault divorce laws in 1977, by 1995, every state had legalized no-fault divorce.

Behind all this is an ideological revolution driven by feminism and facilitated by this society’s embrace of autonomous individualism. Baskerville argues that divorce “became the most devastating weapon in the arsenal of feminism, because it creates millions of gender battles on the most personal level.” As far back as 1947, the National Association of Women Lawyers [NAWL] was pushing for what we now know as no-fault divorce. More recently, NAWL claims credit for the divorce revolution, describing it as “the greatest project NAWL has ever undertaken.”

The feminists and NAWL were not working alone, of course. Baskerville explains that the American Bar Association “persuaded the National Conference of Commissioners on Uniform State Laws [NCCUSL] to produce the Uniform Marriage and Divorce Act.” Eventually, this led to a revolution in law and convulsions in society at large. This legal revolution effectively drove a stake into the heart of marriage itself, with inevitable consequences. In effect, no-fault divorce has become the catalyst for one of the most destructive cultural shifts in human history. Now, no-fault divorce is championed by many governments in the name of human rights, and America’s divorce revolution is spreading around the world under the banner of “liberation.”

And note that Democrats oppose any effort to reform laws that make it easy to break up marriages:

A basic dishonesty on the question of divorce pervades our political culture. Baskerville cites Michigan governor Jennifer Granholm as referring to divorce as a couple’s “private decision.” Granholm’s comments came as she vetoed a bill intended to reform divorce law in her state. The danger and dishonesty of referring to divorce as a couple’s “private decision” is evident in the fact that this supposedly private decision imposes a reality, not only on the couple, but also on children and the larger society. Indeed, the “private decision” is really not made by a couple at all–but only by any spouse demanding a divorce.

So, no-fault was pushed by two groups: feminists and trial lawyers.

There’s a lot of talk these days about gay marriage and how it undermines marital norms and normalizes raising children without either their biological father or biological mother. But before there was gay marriage, there was no-fault divorce, which deprives children of their biological father. There is no provision for no-fault divorce in the Bible, so it seems to me that Christians should be against frivolous divorce just like we are against same-sex marriage.

Why doesn’t God give us more evidence of his existence?

Have you ever heard someone say that if God existed, he would give us more evidence? This is called the “hiddenness of God” argument. It’s also known as the argument from “rational non-belief”.

Basically the argument is something like this:

  1. God is all powerful
  2. God is all loving
  3. God wants all people to know about him
  4. Some people don’t know about him
  5. Therefore, there is no God.

You may hear have heard this argument before, when talking to atheists, or in debates, like in William Lane Craig’s debate with Theodore Drange, (audio, video).

Basically, the atheist is saying that he’s looked for God real hard and that if God were there, he should have found him by now. After all, God can do anything he wants that’s logically possible, and he wants us to know that he exists. To defeat the argument we need to find a possible explanation of why God would want to remain hidden when our eternal destination depends on our knowledge of his existence.

What reason could God have for remaining hidden?

Dr. Michael Murray, a brilliant professor of philosophy at Franklin & Marshall College, has found a reason for God to remain hidden.

His paper on divine hiddenness is here:
Coercion and the Hiddenness of God“, American Philosophical Quarterly, Vol 30, 1993.

He argues that if God reveals himself too much to people, he takes away our freedom to make morally-significant decisions, including responding to his self-revelation to us. Murray argues that God stays somewhat hidden, so that he gives people space to either 1) respond to God, or 2) avoid God so we can keep our autonomy from him. God places a higher value on people having the free will to respond to him, and if he shows too much of himself he takes away their free choice to respond to him, because once he is too overt about his existence, people will just feel obligated to belief in him in order to avoid being punished.

But believing in God just to avoid punishment is NOT what God wants for us. If it is too obvious to us that God exists and that he really will judge us, then people will respond to him and behave morally out of self-preservation. But God wants us to respond to him out of interest in him, just like we might try to get to know someone we admire. God has to dial down the immediacy of the threat of judgment, and the probability that the threat is actual. That leaves it up to us to respond to God’s veiled revelation of himself to us, in nature and in Scripture.

(Note: I think that we don’t seek God on our own, and that he must take the initiative to reach out to us and draw us to him. But I do think that we are free to resist his revelation, at which point God stops himself short of coercing our will. We are therefore responsible for our own fate).

The atheist’s argument is a logical/deductive argument. It aims to show that there is a contradiction between God’s will for us and his hiding from us. In order to derive a contradiction, God MUST NOT have any possible reason to remain hidden. If he has a reason for remaining hidden that is consistent with his goodness, then the argument will not go through.

When Murray offers a possible reason for God to remain hidden in order to allow people to freely respond to him, then the argument is defeated. God wants people to respond to him freely so that there is a genuine love relationship – not coercion by overt threat of damnation. To rescue the argument, the atheist has to be able to prove that God could provide more evidence of his existence without interfering with the free choice of his creatures to reject him.

More of Michael Murray’s work

Murray has defended the argument in works published by prestigious academic presses such as Cambridge University Press, (ISBN: 0521006104, 2001) and Routledge (ISBN: 0415380383, 2007). The book chapter from the Cambridge book is here. The book chapter from the Routledge book is here.

Michael Murray’s papers are really fun to read, because he uses hilarious examples. I should mention that I disagree with his view that God’s work of introducing biological information in living creatures has to be front-loaded.

Here’s more terrific stuff from Dr. Murray:

Is there any evidence of God’s existence?

Yes, just watch this lecture by Dr. William Lane Craig. It contains 5 reasons why God exists and 3 reasons why it matters.

Positive arguments for Christian theism

Kenosis and the doctrine of the Incarnation in Philippians 2:5-11

It’s almost Christmas, so it’s time to see what the Bible says about who Jesus was and what it tells us about the character of God.

Here are the relevant verses in Phil 2:5-11 [NASB]:

Have this attitude in yourselves which was also in Christ Jesus,

who, although He existed in the form of God, did not regard equality with God a thing to be grasped,

but emptied Himself, taking the form of a bond-servant, and being made in the likeness of men.

Being found in appearance as a man, He humbled Himself by becoming obedient to the point of death, even death on a cross.

For this reason also, God highly exalted Him, and bestowed on Him the name which is above every name,

10 so that at the name of Jesus every knee will bow, of those who are in heaven and on earth and under the earth,

11 and that every tongue will confess that Jesus Christ is Lord, to the glory of God the Father.

Here’s respected New Testament scholar Ben Witherington to help us make sense of it:

Incarnation refers to the choices and acts of a pre-existent divine being, namely the Son of God, that the Son took in order to become a human being. He took on flesh, and became fully, truly human without ceasing to be fully, truly divine. Divinity is not something Jesus acquired later in life, or even after his death and resurrection. According to the theology of Incarnation he had always been the divine Son of God, even before he became Jesus, a human being. Strictly speaking the name Jesus only applies to a human being. It is the name the Son of God acquired once he became a human being in the womb of Mary, a name which he maintains to this day as he continues to be a human being.

[…]When I try and explain the incarnation to my students I deliberately choose to use the phrase divine condescension. What do I mean by this? Put another way, if there is going to be a corporate merger between a divine being and a human nature, then the divine side of the equation must necessarily limit itself, take on certain limitations, in order to be truly and fully human. The next question is…. what does it mean to be fully human? It means to have limitations of time and space and knowledge and power, and of course being mortal. Jesus exhibited all these traits. He was even tempted like us in every respect, but he avoided sin. What we should deduce from this is sinning is not a necessary part of being truly human. Yes, it is a trait of all fallen humans, but no, it is not how God made us in the first place. It is not necessary to sin in order to be truly or fully human.

[…]While the hymn is clear that the Son was ‘in very nature God’ at the same time he chose before he became human not to take advantage of his divine prerogatives. What were those? I call them the omnis– omniscience, omnipotence, omnipresence.

[…]And here I think is what Paul is driving at when he says ‘have this mind in yourselves that was also in Christ Jesus’. It says that he ‘humbled himself’. Now contrary to what the world may think humility has nothing to do with feelings of low self-esteem. It has nothing to do with feelings of low self-worth. If Jesus is the model of true humility, it can’t have anything to do with those things, because Jesus surely was the one person who walked this earth who did not have such feelings, did not have an identity crisis, and so on. Humility is the posture of a strong person who steps down to serve others, as Jesus did.

This IVP commentary on Bible Gateway talks more about what this “divine condescension” means to us, using that passage from Philippians:

Christ’s selflessness for the sake of others expressed itself in his emptying himself by taking the “form” of a slave. Historically, far too much has been made of the verb “emptied himself,” as though in becoming incarnate he literally “emptied himself” of something. However, just asharpagmos requires no object for Christ to “seize” but rather points to what is the opposite of God’s character, so Christ did not empty himself of anything; he simply “emptied himself,” poured himself out, as it were. In keeping with Paul’s ordinary usage, this is metaphor, pure and simple. What modifies it is expressed in the phrase that follows; he “poured himself out by taking on the ‘form’ of a slave.”

Elsewhere this verb regularly means to become powerless or to be emptied of significance (hence the NIV’s made himself nothing; cf. KJV, “made himself of no reputation”). Here it stands in direct antithesis to the “empty glory” of verse 3 and functions in the same way as the metaphorical “he became poor” in 2 Corinthians 8:9. Thus, as in the “not” side of this clause (v. 6b), we are still dealing with the character of God as revealed in the mindset and resulting activity of the Son of God. The concern is with divine selflessness: God is not an acquisitive being, grasping and seizing, but self-giving for the sake of others.

I think it’s important to be clear that Jesus didn’t give up anything of his divine attributes by becoming a man. Rather, he added a human nature to his divine nature. The humility is because he came to serve  others.

I think that it is important for us to emphasize the doctrine of the Incarnation at Christmas, in order to correct the grasping and seizing that is so widespread. The really interesting thing about Christmas is the Incarnation, and what it tells us about God and us. It tells us that we have value, because Jesus loved us. But it also says that following Jesus means being humble and being a servant to others. It means pouring yourself out to others in order to serve them. And these obligations are not metaphorical – they are rooted in the historical facts. This is the way the world is as a matter of fact, although certainly we have freedom to rebel against it.

For those looking for defenses to the doctrine of the Incarnation, you can find a chapter on it by Paul Copan in the book “Contending With Christianity’s Critics“. That’s for intermediate readers. For advanced readers you can look for a chapter in “The Cambridge Companion to Christian Philosophical Theology“, edited by Charles Taliaferro and Chad Meister, and published by Cambridge University Press. I just bought that latter book for one of the graduate students I sponsor. I know that Thomas V. Morris also has a couple of books out there on the Incarnation – one for intermediate readers and one for advanced readers. The latter book is published by Cornell University Press.